Update to Update to Umatilla County Umatilla County

Development Code, Development Code, Comprehensive Plan Comprehensive Plan

and Zoning Mapand Zoning Map

Wheel Ruts from the Oregon Trail, near Pilot Rock, 1935

IntroductionIntroduction

The proposed updates to the local land use regulations were prompted by the following:

– 1993 State Legislation, HB 3661– 2007 State Legislation, HB 2210– June 2007, County Planning Commission– December 2007, Land Use Board of Appeals

Major Parts of the UpdateMajor Parts of the Update

• Part 1: HB 3661, EFU-10, 20 & 40 Rezone• Part 2: HB 2210, Bio-fuels• Part 3: Farm Exempt Permit Approvals

• Part 4: Type IV Land Divisions• Part 5: Comprehensive Plan Update

Part 1: EFUPart 1: EFU--10, 20, 40 Rezone to EFU.10, 20, 40 Rezone to EFU.

The Oregon State Legislature in 1993 modified state law in order to provide guidance in the EFU Zone generally. ORS 215.780 designated that any EFU Zone should not have a minimum lot size lower than 80 acres. Because of the new law change Umatilla County informally discontinued recognizing these smaller minimum lot sizes since these were in conflict with state statutes. The County noted the necessity for an update to these zoning designations but did not make the needed changes through a formal ordinance update until now.

The Milton-Freewater Areahas both EFU-10

and EFU-20 zoning.

EFU-10 Zone

Orchards District

EFU-20 Zone

Special Ag

The Hermiston -Umatilla Areahas both EFU-20

and EFU-40 zoning.

EFU-40 Zone

West County Irrigation District

EFU-20 Zone

Special Ag

The Pendleton –Pilot Rock Area

has EFU-20 zoning.

EFU-20 Zone

Special Ag

Current Parcel Size AnalysisCurrent Parcel Size AnalysisEFU-10Orchards District

1,415 parcels

– 115 parcels are 20 acres or larger which would be the most effected parcels, as those parcels could be divided if the minimum parcel size were to remain at 10 acres.

13811 - 19 acres

0161 acres +

181 - 160 acres

11420 - 80 acres

1,1621 - 10 acres

Number of ParcelsParcel Sizes

EFU-20Special Agriculture

296 parcels

– 35 parcels are 40 acres or larger which would be the most effected parcels, as those parcels could be divided if the minimum parcel size were to remain at 20 acres.

5521 – 39 acres

0161 acres +881 - 160 acres

2740 – 80 acres

2041 - 20 acres

Number of ParcelsParcel Sizes

EFU-40West County Irrigation

District

568 parcels

– 40 parcels are 80 acres or larger which would be the most effected parcels, as those parcels could be divided if the minimum parcel size were to remain at 40 acres.

7741 – 79 acres

12161 acres +

2880 - 160 acres

4511 - 40 acres

Number of ParcelsParcel Sizes

What will change for EFUWhat will change for EFU--10, 10, 20 & 40 Zones?20 & 40 Zones?

Remove EFU-10, 20

& 40, replace with

EFU-160

No Change

No Change

UCDC Text

Proposed Changes

Zoning Map

Remove EFU-10, 20 & 40 from

maps, show as ”EFU”

Refers to EFU-10, 20

& 40

Lot Size, ORS 215.780 (1), EFU at least 80 acre minimum parcel size.

---Same as ORS

Dwellings; Farm, Non-Farm, Lot of Record

---Same as ORS

Permitted and Conditional Uses; ORS 215.283, 284

Current UCDC

State Law

NET RESULTNET RESULT

The EFU-10, 20 and 40 zones will be replaced by the EFU zone. The zoning will remain agriculturally oriented, but with a 160 acre minimum parcel size. That means that when NEW parcels are created the size must be 160 acres or larger unless otherwise allowed. All other uses (permitted, conditional) and development standards will remain the same.

Part 2: HB 2210 focused on “bioPart 2: HB 2210 focused on “bio--fuels”fuels”

To update the Development Code to add bio-fuels as a use in the EFU Zone:

• Definition of bio-fuel and bio-mass added to UCDC 152.003

• Provisions under Land Use Decisions (152.059) and Conditional Use Permits (152.060 & 152.617).

Canola field near Adams

Part 3: Farm Exempt PermitsPart 3: Farm Exempt PermitsUmatilla County currently has provisions for

certain structures to be permitted as “Farm Exempt”. Currently, if the proposed structure meets the definition of “agricultural building” as found in ORS 455, the UCDC does not require a Zoning Permit. Planners sign the Building Codes Division “Farm Exempt” Permit; no land use permit (ministerial decision) is required. Under the proposed changes, a Zoning Permit would be required. Farm Exempt permits will continue to be available; however applicants will obtain a Zoning Permit first, and then proceed to the State BCD for the “Farm Exempt” building permit.

Barn near Ukiah

NET RESULTNET RESULT

• The ability to obtain a Farm Exempt Permit will continue.

• Clarification of approvals between the County and Building Codes

– Applicants will obtain a Zoning Permit from the County as well as a Farm Exempt Permit from the State.

Part 4: Type IV Land Division Part 4: Type IV Land Division RegulationsRegulations

Type IV Land Division clarification and update.

– Review II, Provide a more understandable process for creating parcels less than 160 acres.

– Review III, Update process for the creation of Non-Farm Dwelling parcels.Overlooking Pilot Rock

County Parcel Size in the EFU Zone County Parcel Size in the EFU Zone Northeastern OregonNortheastern Oregon

Process to go to 80 acres?

Minimum Parcel SizeCounty

Wheeler

WascoUnion

MorrowGilliamGrant

No160 acres

No (under consideration)

160 acresNo160 acresYes160 acresYes160 acres

already allowed80 acres

What is currently in the Type IV, Review II Land Division process?– Circular Area and Linear Review allows for the creation of

parcels less than 160 acres if the criteria are met. – Partition and Variance

What is being proposed?– The Circular Area and Linear Review would be replaced by

new criteria.

Circular Area and Linear ReviewCircular Area and Linear Review

Process for the Review:– 50 adjacent parcels are reviewed– Are 51% of the 50 parcels similar in size to what is

being proposed?– Does the size and shape allow efficient farming

practices?

– A parcel for a dwelling can be created if it meets the above criteria plus … will the parcel remain as a competitive commercial farm parcel.

Type IV, Review II Criteria Type IV, Review II Criteria proposedproposed(C) Review II. The following review and approval

standards of a Type IV, Review II Land Division application is for the creation of parcels equal to or greater than 80 acres, within the EFU zone and/or identified Critical Winter Range. Parcels less than 80 acres may be established if located within an approved “go below” area pursuant to OAR 660-033-0100(1)-(9).(1) The technical standards for submittal of the Type IV,

Review II Land Division application shall be the same as that for a Type II Land Division application, and are therefore subject to §§ 152.680 through 152.683 and §§ 152.685 and 152.686.

(2) The procedure for processing a Type IV, Review II, Land Division application shall follow the standards set forth in § 152.643(D) and § 152.645(B).

(3) Criteria for approval of a Type IV, Review II Land Division application (Note: Approval of a Type IV, Review II Land Division will not qualify new parcels for a farm dwelling; farm dwellings must qualify under Section 152.059(M)):

(a) The partition will preserve and maintain farm use consistent with Oregon Agricultural Land Use Policy found in ORS 215.243.(b) Is for the purpose of farm use as defined in § 152.003.(c) Meets the minimum frontage and access requirements.(d) All parcels created will be 80 to 160 acres in size, in accordance with ORS 215.780, or, parcels shall be the minimum parcel size as established by an approved “go below”.

NET RESULTSNET RESULTSThe ability to create 80

acre parcels for farm use in the EFU Zone would be clarified.

The ability to create 80 acre parcels in the EFU Zone would provide flexibility for land owners.

Type IV, Review III ProcessType IV, Review III Process

• The Type IV, Review III Land Division application provides for the creation of small parcels when establishing non-farm dwellings. This language comes directly out of ORS 215.263 (5).

– Level I deals with parent parcels greater than 160 acres

– Level II deals with parent parcels 40 to 160 acres

Type IV Land Division MatrixType IV Land Division Matrix

Part 5: Comprehensive Plan UpdatePart 5: Comprehensive Plan Update

The updates to the following chapters in the Comp Plan reflects the changes previously discussed in the Development Code.

Chapter 6, Agriculture Chapter 7, Grazing/ForestChapter 18, The Plan Map The Umatilla River near Echo

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